DOJ to look into contracts with Calida security agency

MANILA, Philippines — The Department of Justice will now look into its contracts with Vigilant Investigative and Security Agency Inc., which is owned by Solicitor General Jose Calida and his family.

Clarifying a statement he made on Tuesday, Justice Secretary Menardo Guevarra said on the sidelines of his appointment confirmation hearing on Wednesday is “open to review the [validity of those] contracts” with Vigilant.

“I just said earlier, there’s a presumption of regularity. If there is evidence on the contrary that there may be some violation of the procurement laws, it is something worth looking into,” Guevarra is quoted as saying in a News5 report.

On Tuesday, the Justice secretary said that there is no need to investigate DOJ’s contracts with Vigilant without a challenge to its validity.

According to a report, Vigilant has two contracts with the Department of Justice worth P12 million. The agency is owned by the family of Solicitor General Jose Calida, who himself has a 60-percent stake in it.

Calida's wife and three children own 10 percent each.

DOJ can’t review contracts with other agencies

The Justice chief stressed that the DOJ can only look into its own contracts with Vigilant, but not with the agency's deals with other government offices.

“We’re not privy to those contracts,” Guevarra said.

Vigilant has contracts with at least four other government agencies: The National Economic Development Agency, National Anti-Poverty Commission, Philippine Amusement and Gaming Corp. and National Parks Development Corp.

Calida, the government's top lawyer, faces allegations of conflict of interest in his security agency having business with government agencies and corporations. The solicitor general has dismissed the claims of conflict of interest as baseless.

READ: Calida insists: Conflict of interest allegations 'baseless'

The solicitor general also stressed that his office, the OSG, does not have approving authority over the contracts, including those with the DOJ. He added that the OSG is only an attached agency to the DOJ for budget purposes.

The solicitor general is the government's top lawyer. According to the OSG website, among the solicitor general's functions is to "investigate, initiate court action, or in any manner proceed against any person, corporation or firm for the enforcement of any contract, bond, guarantee, mortgage, pledge or other collateral executed in favor of the government."

Administration critics have raised questions on whether the contracts create a conflict of interest. 

Jocelyn Acosa-Nisperos, a private citizen, filed a complaint against Calida at the Office of the Ombudsman.  The complaint also alleges that he violated Republic Act 3019, or the Anti-Graft and Corrupt Practices Act.

Section 4 of the said act provides: “It shall be unlawful for any person having family or close personal relation with any public official to capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage from any other person having some business, transaction, application, request or contract with the government, in which such public official has to intervene.”

But the government’s chief lawyer maintains that he sees no conflict of interest with his and his family’s ownership of Vigilant.

Opposition lawmakers have since called for Calida’s resignation amid the controversy.